Restoring the right for injured worker to choose their own doctor.
SB 295 would change Montana workers’ compensation law to restore an injured worker’s ability to choose a treating physician, rather than having the insurer control that designation in many cases. The bill amends the workers’ compensation statutes governing medical care for compensable injuries and occupational diseases, clarifying that a worker may select an initial treating physician and, after initial treatment and diagnosis, may designate that person or another qualified provider as the treating physician, subject to insurer approval requirements and existing rules about coordination of care.
The bill also revises the role of managed care organizations and preferred provider organizations in workers’ compensation. It preserves insurer authority to direct workers into those networks, but updates the statutory language to reflect that a designated treating physician may be part of a managed care or preferred provider organization, and it clarifies notice requirements, emergency treatment coverage, and reimbursement rates for treating physicians, referred providers, and pre-designation providers. The bill would take effect July 1, 2025.
SB 295 would amend sections 39-71-1101, 39-71-1102, and 39-71-1103 of the Montana Code Annotated, altering how treating physicians are selected and how medical care is managed in workers’ compensation claims. It would shift some decision-making power back to injured workers while preserving insurer oversight, network-based care options, and fee-schedule reimbursement rules. The bill would affect injured workers, insurers, treating physicians, managed care organizations, preferred provider organizations, and other health care providers involved in workers’ compensation treatment.
The bill appears to have had meaningful support in the Senate Business, Labor and Economic Affairs Committee, where it received a do-pass recommendation, but it ultimately failed on the Senate floor. The 2nd reading pass motion failed 22-28, and the bill was then indefinitely postponed 37-13, indicating that while there was substantial support for the concept, there was also enough opposition to stop the measure from advancing. Overall, the sentiment was mixed to favorable in committee but not enough to secure final passage.
The main point of contention was the balance of control between injured workers and insurers over the choice of treating physician. Supporters of the bill were seeking to restore worker choice and reduce insurer control, while opponents likely favored maintaining insurer-directed managed care and preferred provider arrangements as tools for cost containment and coordinated care. Related concerns included whether the bill would weaken managed care structures, affect medical cost control, or disrupt existing workers’ compensation treatment networks. The floor votes suggest the issue was divisive, with the bill unable to overcome opposition despite committee support.